Graves v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Dane County. Graves, alias Davis, was indicted in the circuit court for Green county, for stealing a horse. Plea, not guilty. The venue was changed to the circuit court for Dane county, where the prisoner was convicted.
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ERROR to the Circuit Court for Dane County. Graves, alias Davis, was indicted in the circuit court for Green county, for stealing a horse. Plea, not guilty. The venue was changed to the circuit court for Dane county, where the prisoner was convicted. On the trial it appeared that the horse alleged to have been stolen was turned. into the street by the owner, one Hurlburt, in Green county, about dusk, on the 14th of July, 1859, and on the 16th of that month, was in the possession of the prisoner in Lee county, Illinois (one hundred miles distant), who there gave his name as Davis, and…
1Opinion of the Court
By the Court,
DixoN, C. J.
There can be little doubt that the presumption of guilt arising from the unexplained possession of property recently stolen, is a presumption óf mere fact and not of law-, nor of law and fact combined, and that the strictest accuracy of language would oblige us so to name it. It is purely an inference of fact to be dealt with by the j ury, and not one of law to be applied by the court, and falls strictly within Mr. Starlde’s definition of natural presumptions, or presumptions of mere fact. It depends wholly upon its own natural force and efficacy in generating belief…
2Cited by22 opinions
- Oldham v. StateWyoming Supreme Court · 1975
- Ingalls v. StateWisconsin Supreme Court · 1880
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- In re FantonNebraska Supreme Court · 1898
- Van Straaten v. PeopleSupreme Court of Colorado · 1899
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